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Home My WebLink About20253552 Resolution Approve Amendment #2 to Intergovernmental Agreement for Construction of Improvements to "0" Street and 59th Avenue Intersection, and Authorize Chair to Sign — City of Greeley Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board has been presented with Amendment #2 to the Intergovernmental Agreement for the Construction of Improvements to "0" Street and 59th Avenue Intersection between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the City of Greeley, commencing upon full execution of signatures, with further terms and conditions being as stated in said amendment, and Whereas, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that Amendment #2 to the Intergovernmental Agreement for the Construction of Improvements to "0" Street and 59th Avenue Intersection between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the City of Greeley, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said amendment. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 24th day of December, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-3552 EG0082 Con c-'-‘D> lokg5 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS TO "0" STREET & 59th AVENUE INTERSECTION This SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS TO"0" STREET& 59th AVENUE INTERSECTION ("Second IGA Amendment") is entered into this Zcitillay of beC€MOPY , 2025, between the City of Greeley, Colorado, a home rule municipality of the State of Colorado, whose address is 1000 10th Street, Greeley, Colorado 80631 ("GREELEY"), and the County of Weld, State of Colorado,by and through the Board of County Commissioners of the County of Weld, Colorado, whose address is P.O. Box 758, 1150 "0" Street, Greeley, Colorado 80632 ("WELD COUNTY"), each a"Party" and together the "Parties.". WHEREAS, GREELEY and WELD COUNTY entered into the attached Intergovernmental Agreement("Original IGA") for Construction of Improvements to"0" Street & 59th Avenue Intersection("PROJECT"), fully executed and effective August 25, 2021; and WHEREAS,the Original IGA was amended by the attached IGA amendment, fully executed and effective August 16, 2023 ("First IGA Amendment") which expanded the PROJECT scope to include the WCR 31 Mill and Overlay, and extended the PROJECT completion date; and WHEREAS,the Original IGA as amended by the First IGA Amendment is referred to herein as the "IGA;"and WHEREAS, the parties wish to continue to work on the subject PROJECT and extend its completion date. NOW, THEREFORE, FOR CONSIDERATION, THE ADEQUACY OF WHICH IS ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: A. Paragraph 2 of the IGA, is hereby deleted in its entirety and replaced as follows: 2. PROJECT: Subject to the terms contained in this IGA, GREELEY plans to undertake and complete the PROJECT no later than December 31, 2026; however, if the PROJECT is not completed by December 31, 2026, GREELEY shall reimburse WELD COUNTY for any amount contributed for construction, inspection, and oversight of the intersection improvements portion of the PROJECT to that date. Provided, however, that WELD COUNTY will not be reimbursed by GREELEY for any costs associated with the WCR 31 Mill and Overlay portion of the PROJECT, which costs are identified in Section 4 below. Page 1 of 3 2025-3552 lz/2y EhbO$Z B. Paragraph 3 of the IGA is hereby deleted in its entirety and replaced as follows: 3. TERM: Unless WELD COUNTY provides GREELEY with sixty (60) days' notice, in writing, of cancellation of its participation in the PROJECT,the term of this Agreement shall be from the date first written above to and until such time as GREELEY has completed the PROJECT and all cost sharing obligations of the Parties have been fulfilled, subject to the terms set forth in Paragraph 2 of this IGA. C. Paragraph 4 of the IGA is hereby deleted in its entirety and replaced as follows: 4. CONTRIBUTION BY WELD COUNTY: WELD COUNTY agrees, upon receipt of an invoice, to pay GREELEY the sum of$1,669,565 to assist with construction, inspection, and oversight of the intersection improvements portion of the PROJECT. Such payment will be due to GREELEY within thirty (30) days following execution of this Second IGA Amendment. In addition, WELD COUNTY and GREELEY agree to share the costs associated with the WCR 31 Mill and Overlay which will be contracted for separately from the intersection improvements. For the WCR 31 Mill and Overlay Weld County shall pay Greeley the actual quantities and cost incurred by Greeley for work performed within Weld County's jurisdiction. Weld County's contribution for the WCR 31 Mill and Overlay expenditures shall not exceed $1,291,763.00. Greeley shall invoice Weld County for these expenditures on a monthly basis as the work is completed and accepted. Weld County shall pay approved invoices received from Greeley within thirty (30)days. D. Paragraph 11 of the IGA is hereby deleted in its entirety and replaced as follows: 11. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: GREELEY: WELD COUNTY: Bhooshan Kamik Kevin Hettinger Deputy PW Director/Chief Engineer Deputy PW Director 2835 W. 10th Street 1111 H Street Greeley, CO 80631 Greeley, CO 80632 E. A new Paragraph 13 is added to the IGA to read as follows: 13. APPROPRIATION: This IGA and the obligations of the Parties hereunder are expressly contingent upon the Parties budgeting and appropriating the funds needed to fulfill the obligations hereunder. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Provided,however, that the Parties agree that each Party will use its best efforts to budget and appropriate sufficient sums to pay its share of the PROJECT costs in accordance with the allocation set forth in this IGA. F. ALL OTHER TERMS OF THE IGA REMAIN IN FULL FORCE AND EFFECT. Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Second IGA Amendment in duplicate on the date written above. GREELEY: APPROVED AS TO SUBSTANCE: Acting City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Director of Finance APPROVED AS TO LEGAL FORM: City Attorney WELD COUNTY: . �, f, � ATTEST: `�'��`"'�`'� '�� ,��Y�� BOARD OF COUNTY COMMISSIONERS WELD COUNTY Clerk to the Board WELD COiJNTY, COLORADO By: By: (Deputy) Clerk to the Boa Scott K. James, Chair Pro-Tem - � r y�.� _.rn /�� v � Li �� J.�� !' '�7, �� 1 � � � � ,�� ,�n�e�' ``;/ .,,, ^ , �-�, �,_,,_,�/ Page 3 of 3 ��25-�3552 Contract Form Entity Information Entity Name* Entity ID* O New Entity? CITY OF GREELEY @00001551 Contract Name* Contract ID Parent Contract ID 2ND AMENDMENT TO THE IGA WITH CITY OF GREELEY 10195 FOR 59TH AVE AND 0 ST INTERSECTION Requires Board Approval IMPROVEMENTS AND CR 31 MILL AND OVERLAY. Contract Lead* YES KHETTINGER Contract Status Department Project# CTB REVIEW Contract Lead Email khettinger@weld.gov Contract Description* THIS IS THE 2ND AMENDMENT TO THE IGA WITH THE CITY OF GREELEY FOR THE 0 STREET AND 59TH AVE INTERSECTION IMPROVEMENTS AND THE CR 31 MILL AND OVERLAY. THIS AMENDMENT EXTENDS THE DEADLINE FOR THESE PROJECTS TO DECEMBER 31, 2026. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AMENDMENT PUBLIC WORKS Date* 12/20/2025 12/24/2025 Amount* Department Email $2,961,328.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included? Automatic Renewal DeptHead@weld.gov Grant County Attorney IGA GENERAL COUNTY YES ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV IGA Deadline Date 12/31 /2026 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 11 /01 /2026 Termination Notice Period Expiration Date* Committed Delivery Date 1 2/31 /2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel KEVIN HETTINGER RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/18/2025 12/18/2025 12/19/2025 Final Approval BOCC Approved Tyler Ref# AG 122425 BOCC Signed Date Originator BOCC Agenda Date KHETTINGER 12/24/2025 Hello